(b) Notwithstanding subsection (5) of this section, if the report is subsequently found to be incorrect, additional assessments may be made.
(2) If an employer fails to file a report when required by the director for the purpose of determining the amount of contributions due under ORS 657B.150, the director may make an estimate based upon any information of the amount of the wages of the employer’s employees for the period or periods for which no report was filed and upon the basis of the estimate shall compute and assess the amount of contributions payable by the employer. Written notice of the assessment to the employer shall be mailed to the employer’s last known address of record with the director.
(3) If the director is not satisfied with a report made by an employer for the purpose of determining the amount of contributions due under ORS 657B.150, the director may compute the amount required to be paid upon the basis of facts contained in the report or of any information obtainable and may make an assessment of the amount of the deficiency. Written notice of a deficiency assessment to the employer shall be mailed to the employer’s last known address of record with the director.
(4)(a) If the director has reason to believe that an employer or an individual liable under ORS 657B.330 is insolvent, or that the collection of any contributions will be jeopardized by delaying collection, the director may make an immediate assessment of the estimated amount of accrued contributions, noting upon the assessment that it is a jeopardy assessment levied under this subsection, and may proceed to enforce collection immediately.
(b)(A) Interest shall not begin to accrue on contributions collected under paragraph (a) of this subsection until the due date.
(B) Court costs may not be charged against an employer or an individual liable under ORS 657B.330 on any action to enforce collection commenced prior to the due date.
(c) In levying an assessment under paragraph (a) of this subsection, the director may demand a bond or deposit of such security as is necessary to ensure collection of the amount of the assessment.
(d) Written notice of an assessment to an employer or an individual liable under ORS 657B.330 shall be mailed to the employer’s or individual’s last known address of record with the director.
(5)(a) All assessments provided for in this section shall finally fix the amount of contributions due and payable unless:
(A) The employer or the individual liable under ORS 657B.330 applies to the director for a hearing within 20 days after the mailing of the notice of assessment; or
(B) The director reviews the assessment prior to a decision of the administrative law judge pursuant to a hearing.
(b) An employer or person liable under ORS 657B.320 and 657B.330 that fails to apply for a hearing upon an assessment within the time provided or, having applied, fails to appear and be heard after due notice of the hearing, is precluded from raising any defense to any action, suit or proceeding brought by the director for the recovery of contributions based upon the assessment that could have been raised in the hearing.
(c) The amount of contributions assessed under this section shall be subject to the penalties and interest provided by ORS 657B.320 and 657B.330. [2019 c.700 §28]
Note: 657B.370 becomes operative January 1, 2023. See section 63, chapter 700, Oregon Laws 2019, as amended by section 1, chapter 30, Oregon Laws 2021, and section 6a, chapter 639, Oregon Laws 2021.
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 657B - Family and Medical Leave Insurance
Section 657B.005 - Legislative findings.
Section 657B.010 - Definitions.
Section 657B.015 - Benefit eligibility.
Section 657B.020 - Qualifying purposes for benefits; duration of benefits.
Section 657B.025 - Coordination of leave.
Section 657B.040 - Notice to employers prior to commencing leave; exceptions.
Section 657B.060 - Job protection; benefits; discrimination prohibited.
Section 657B.070 - Denying leave; discrimination and retaliation prohibited; remedies for violation.
Section 657B.080 - False statements or failure to report material fact by employer.
Section 657B.090 - Claim for benefits; leave increment requirements.
Section 657B.110 - Continuous jurisdiction of director; reconsideration of previous decisions.
Section 657B.175 - Effect of place of performance of service.
Section 657B.180 - Unlawful practices of employer.
Section 657B.190 - Employer’s security for payment of contributions.
Section 657B.200 - Employer assistance grants; eligibility; rules.
Section 657B.210 - Equivalent plans, generally; rules; fee.
Section 657B.230 - Application for reapproval of plan.
Section 657B.240 - Withdrawal from plan; handling of employee deductions.
Section 657B.250 - Portability of benefits and retention of eligibility status between jobs.
Section 657B.290 - Filing of lien statement or warrant.
Section 657B.310 - Release, compromise or satisfaction of lien.
Section 657B.350 - Third party administrator; agreements; oversight by director.
Section 657B.360 - Determining number of employees employed by employer; replacement workers; rules.
Section 657B.380 - Advisory committee; membership; terms.
Section 657B.390 - Employment records; inspection.
Section 657B.400 - Confidentiality of information.
Section 657B.410 - Appeals process, generally; process subject to judicial review.
Section 657B.420 - Appeals of decisions under equivalent employer plan; rules.
Section 657B.430 - Paid Family and Medical Leave Insurance Fund.
Section 657B.440 - Employer required to provide notice advising employees of rights and duties.
Section 657B.460 - Construction of chapter.
Section 657B.470 - Preemption of local laws relating to paid family and medical leave.